Publications - Dispute Resolution: Litigation and Arbitration
Arbitration: a brief overview of the appeal mechanism against a Portuguese award
Filing an appeal against a Portuguese award is possible but parties should be aware of the details, requirements and peculiarities of this mechanism, especially when issues of constitutionality are raised during the proceedings.
International Arbitration Newsletter - September 2021
Supreme Court of Justice (Portugal): the judicial sale of a mortgaged property with a lease subsequent to the mortgage does not make the lessee’s rights expire
The Portuguese Supreme Court of Justice (SCJ) has delivered a Decision uniformizing case law (SCJ Decision nº 2/2021, dated 07.05.2021) in the following sense: “The sale during insolvency proceedings of a mortgaged property, with a…
Investment arbitration news in America: the use of discovery, Ecuador's return to the ICSID Convention and Colombia's success in investment disputes
Investment arbitration has not been without its critics in recent years. Following the Achmea decision, which it has been said drove a stake through the heart of investment arbitration in the European Union, this mechanism has prompted criticism and…
International Arbitration Newsletter - July 2021
Andean Community arbitrators need to request a preliminary interpretation in order to apply community laws
The Andean Community Court of Justice (Tribunal de Justicia de la Comunidad Andina or TJCA) has clarified the cases in which arbitrators can request a “preliminary interpretation” (interpretación prejudicial) in the arbitration…
China Issues its 'Blocking Statute'
On June 10, 2021, China’s National People’s Congress Standing Committee passed the Anti-Foreign Sanction Law which comes into effective immediately. Similar to the EU’s “Blocking Statute”, the Law created a legal…
The potential liabilities for the ‘Ever Given’ incident presages claims worth millions
Determining the causes of the accident will make it clear who can claim from whom, where, what procedure to use, and the applicable law. Parallel claims are foreseeable including possible action for recovery from the various insurance companies…
Recreational craft: royal decree on safety and pollution prevention equipment published in Official State Gazette
On May 19 the Official State Gazette published Royal Decree 339/2021 of May 18 on the safety and pollution prevention equipment of recreational craft.
Supreme Court endorses bringing of direct action by carrier against main shipper in carriage by land
The Supreme Court has endorsed the bringing of direct action by the carrier against the main shipper, even if a court insolvency order has been issued on the intermediary that contracted it. In this judgment, delivered on March 3, 2021, the court…
Spain leads the way in groundbreaking R&D&I projects on aeronautical logistics using drones
The future of mobility features the aeronautical industry which, with its constant concern for R&D&I, is becoming a vector for sustainable growth in the medium and long term with groundbreaking and innovative projects.
Government proposes amendments to basic shipping and ports laws
Some of the projected changes are aimed at making the Canary Islands Special Register of Vessels and Shipping Companies more competitive, removing the minimum amount for arresting vessels or the regulations of unmanned ships.